Burk
loses appeal hearing about protest
A federal appeals court
rejected Martha Burk's emergency request to allow protesters outside the front
gate of Augusta National Golf Club.
The ruling Wednesday by
the U.S. 11th Circuit Court of Appeals came just hours before the Masters was
scheduled to begin Thursday morning.
Burk, who heads the National
Council of Women's Organizations, plans to protest Augusta National's all-male
membership during the third round Saturday.
She wanted to place picketers
at the front gate of the exclusive club, but Sheriff Ronald Strength would only
approve a site a half-mile away. He said it was unsafe to gather in front of the
club because of heavy congestion during the golf tournament.<
The three-judge panel refused
to grant Burk's emergency request to block Monday's ruling by U.S. District Judge
Dudley H. Bowen Jr.
Bowen upheld the city ordinance
granting Strength the power to regulate protests and also approved the sheriff's
application of the law in handling Burk's request.
Burk said her group had
no other legal means to overturn the decision before Saturday, though it will
continue to fight the constitutionality of the city ordinance in court.
"So, the circle is
complete on cutting off our free speech rights," she said. "This was
our last shot."
Burk wanted to post 24 demonstrators
outside the front gate of Augusta National and 200 more across the street.
She believed that would
be the most effective way to demonstrate against Augusta National, which said
again Wednesday that it has no timetable to admit a female member.
Strength turned down Burk's
request, citing safety concerns along five-lane Washington Road. He said the protests
would have to be held a half-mile away - at a grassy, 5.1-acre site donated by
the club.
A group headed by the Rev.
Jesse Jackson also has been approved to protest at a second site even further
away from the club's main entrance.
In all, the sheriff's office
has approved protest permits for eight groups, including a splinter faction of
the Ku Klux Klan and People Against Ridiculous Protests.
Burk said the Georgia ACLU
would have monitors at the protest to ensure no one's rights are violated. She
is concerned that the ordinance gives the sheriff's office broad power to determine
what's legal.
"I'm disappointed that
the wall of discrimination is so high down there that local authorities, and even
the judges, are willing to conspire with the club, the mayor and the city commission
to deny us our free speech rights," the Washington-based Burk said.
"Clearly, they put
this club over the Constitution. That ought to be a concern for everyone in this
country."
Burk said her attorneys
would study a possible loophole in the ordinance that could allow fewer than five
protesters to gather at the gate without a permit.
In any event, she said her
group would not do anything illegal at Saturday's gathering.
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